Exam time is two (2) hours 

Closed book exam 

Each problem is worth no more than 50% of total grade. 

Good luck!

Exam Problem, Number One

Herman Gofrit was regularly employed by Gidgets 'R' Us on November 3, 1995, as a foreman in the production plant. The plant is located in Oakland, California. On that date, he had to inform George Getcha that his services were no longer needed and he would be escorted out the door immediately. George's check would be ready for George the next day. George began to curse Herman and shout at him. Herman picked up a 2-foot length of pipe and then George swung at him with a piece of lumber he found on the floor. George narrowly missed hitting Herman, but on the second try, was more successful. They tussled briefly, until Herman connected with the pipe on George's head. George fell to the floor of the plant. An ambulance was summoned and George was admitted to the hospital. When George regained consciousness, he could not remember any thing that had happened from the time he was struck by the pipe. He was in the hospital for 4 weeks and was told by the doctors that he would develop a seizure disorder primarily because of a lesion on the brain, which preexisted the incident. George had no idea that he had such a condition. He did ask his mother about this and condition and she told him that his father had died from a similar condition.

George got out of the hospital and entered into a program of physical therapy, learning how to walk again, and also a course of psychotherapy. After a year of this regimen, the doctors agreed that his condition was not likely to change much and that it was permanent and stationary. During this period, his spouse, Norma, quit herjob as a nurse in order to stay home and care for George.

As an employee and member of the union, George was a member of an HMO. The premiums for the HMO were furnished in part by Gidgets'R' Us and part by the union. Nobody from Gidgets 'R' Us had visited George, nor had anyone suggested workers' compensation.

The doctors described the disability as including weakness on the left side, including both upper and lower extremities, due to the blow to the head. He was having seizures every other day and was precluded from operating heavy equipment or a motor vehicle. The doctors also noted that George had, as the result of childhood polio, a condition that resulted in a shortened right leg. In view of his overall disability, the doctors agreed that George would be unable to return to his regular occupation. One doctor opined that George could be rehabilitated to some job that would not require him to stand more than 15 minutes at a time and that for no more than 4 hours per day.

George calls you on November 10, 2000, to tell you about the foregoing and asks your opinion about getting somebody to support him and his family for as long as it takes.

What advice do you give him?

Suppose John Titr, the claims adjuster for the workers' compensation insurance carrier, calls and asks your advice, because George has called him demanding some sort of compensation.

What advice do you give John, assuming no conflict of interest?

Exam Problem, Number Two

Mary Hopper was employed as a truck driver by Westruk, located in Bryant, California. She had been working there for about 10 years making mostly local deliveries. On the average, she would make about 100 deliveries in a day. This routine required her to load her truck each morning and get in and out of her truck approximately 100 times each day while on her route. No package weighed more than 75 pounds, with the average weight being about 53 pounds. She had to bend over or reach overhead to extract the packages and then carry the package into the designated destination, sometimes with the use of a wheeled carrier.

One day in May, 1998, she found that her back was very painful each time she got out of the truck or sat back down to drive. When she returned to the freight depot of Westruk, she sold her supervisor about the pain and he gave her some pain pills he had in his desk and told her to take the next day off and rest. She returned the day after her day of rest, successfully loaded her truck and made the deliveries. She continued doing her job, albeit with some pain, for the next month. Two months after this incident, she changed employment. The new company, Fasttrip, provided newer equipment that was easier to drive and had a lift to assist in loading and unloading. Her truck was rear-ended by another vehicle. She had been dispatched to pickup some valuable jewelry in Reno, Nevada, and the accident occurred just over the border in Nevada. She was taken by ambulance to the hospital in Reno, where she remained for a week, receiving physical therapy.

Her primary treating doctor told her, after several tests, that her spine was damaged and that she would soon require surgery. He said that part of her condition was related to an injury she suffered as a teenager while playing soccer. He also told her that her spine was wearing out due to the nature of her work as a truck driver and the loading and unloading of the truck. Clearly, he said, the rear-end collision was the immediate cause of her present hospitalization, but without the work at Westruk, she would probably not require surgery at this time.

Mary decided to buy her own truck and put her logo on the door. She contacted Fasttrip and they agreed to have her make deliveries in her truck, three times per week. They would have the right to observe her driving and terminate the agreement at will. Any detected use of any illegal substances or alcohol during the workday would be grounds for termination. Fasttrip also required her to display the Fasttrip logo along with her own logo. Fasttrip would supply her fuel, based on her delivery schedule.

On the second trip for Fasttrip, while bending over to lift a package, she felt a sharp stabbing pain in her back, which went down her left leg. The doctor told her that if she did not have surgery, immediately, there was no hope for her recovery and return to work.

Mary calls you two months after this last incident to ask your advice. What do you tell her?

Owen Box, the claims person for the workers' compensation insurance carrier for Fasttrip calls and inquires about any available defenses to Mary's potential claims. What advice do you give him, assuming no conflict?